Time.news – After more than a year, between hearings and new bills presented, the basic text on cannabis is ready. Composed of 5 articles, the provision aims to modify the consolidated text of the laws on the discipline of narcotic drugs and psychotropic substances, prevention, treatment and rehabilitation of the related drug addiction states, referred to in the decree of the President of the Republic 9 October 1990, n. 309, concerning the cultivation, sale and consumption of cannabis and its derivatives.
The speaker as well as the president of the Justice Commission, the pentastellato Mario Perantoni, deposited it. The text, which could be adopted by the committee next week and then proceed with setting the deadline for tabling amendments, it is the result of the mediation between the various positions within the majority and represents a synthesis of the three bills presented from 2019 to today (one signed by the radical Magi, the other signed by M5s and finally the text signed by the League leader Molinari).
Maximum four ‘female’ seedlings
Among the most important innovations, the non-punishment of domestic cultivation for personal use. In essence, the personal cultivation of small quantities, equal to ‘four female cannabis’ e is legalized the increased penalties for those who commit a crime against minors. Also, they come so-called ‘minor facts’ decriminalized, applying a distinction between types of narcotic substances, and prison is no longer envisaged, but the possibility of carrying out public utility works. Finally, administrative offenses are eliminated.
“I have proposed a basic text for the modification of the single text of the laws on drug discipline, allowing the personal cultivation of small quantities, equal to ‘four female cannabis’ and exacerbating the fight against drug dealing. Once again we are in the presence of a provision that acknowledges the clear orientation of the Court of Cassation and which aims to put parliament and society on the same footing “, explains Perantoni, who adds:” Following up on the requests that express concern about the spread of drug dealing, some penalties are exacerbated and those who sell drugs to minors or in proximity of schools “.
The rapporteur: you can do a quick job in committee
“It can be done a quick job, next week we will return to discuss in a session of the commission to then fix the date for the adoption of the text: I hope the text will not be bumpy “, is the rapporteur’s wish.” It is certainly a positive fact, a step forward“through a text that” is a good starting point “, comments Riccardo Magi, a member of + Europe, who has always been at the forefront of the battle on the legalization of cannabis to fight crime and also act on the overcrowding of prisons.
Magi is aware that the Justice Commission “is overworked with the reform of the criminal trial, but yeshowever, there is the political will of the majority to approve a text that corresponds to a strong need also on the prison situation front: out of 10 there are 7 cases of imprisonment for minor facts. It is a distortion that must be corrected, also according to the Keeper of the Cartabia “. Furthermore, concludes Magi,” the reform of justice is done not only by intervening on the legal aspects and I think that the basic text also responds to the needs advanced by the League “. “I believe that a balance can be found in the majority through a pragmatic approach”.
Growing for personal use
“They are allowed to persons of legal age the cultivation and possession for personal use of no more than four female cannabis, suitable and aimed at the production of narcotic substances and the product obtained from them “.
Penalties and sanctions
In the article, some penalties are exacerbated and, at the same time, others ‘weaken’. “Whoever, having the authorization” to grow cannabis “illegally transfers, places or arranges for others to market the substances or preparations is punished with imprisonment from 8 to 20 years and with a fine of between € 30,000 and € 300,000“. On the contrary, the penalty is less heavy (imprisonment from 3 to 12 years and a fine from € 20,000 to € 250,000) if the illicit activities concern the substances or preparations indicated in Table II referred to in Article 14, namely cannabis .
Small entity and public utility work
“Unless the fact constitutes a more serious offense, whoever commits one of the acts provided for” by the law which, “due to the means, manner or circumstances of the action or the quantity of substances, it is minor, is punished with imprisonment for up to two years and a fine of up to € 10,000. The imprisonment of up to one year and a fine of up to € 6,500.00 in cases of cannabis apply.
When the crime was committed by a drug addict or by a habitual user of narcotic or psychotropic substances, whose condition has been certified by a public health facility or by an authorized private facility, the judge, with the sentence of conviction or the application of the penalty at the request of the parties, at the request of the accused and after hearing the public prosecutor, if the benefit of a suspended sentence is not to be granted, may apply the penalty of community service. The community service can replace the penalty no more than two times. No reduction (the rules do not apply) in cases where narcotic and psychotropic substances are delivered or otherwise intended for a minor. Finally, they come abolition of offenses and administrative sanctions, such as the suspension of the driving license.